1. Rule. With the consent of the parties made returnable forthwith and heard. This Petition takes exception to the order dated 12.9.2006, passed by the learned Civil Judge Senior Division, Dhule by which order, the Application exhibit 116, filed by the Respondents herein came to be partly allowed and resultantly the orders passed by the learned Civil Judge Junior Division, Dhule, in Regular Civil Suit no.337 of 1994, from 7.2.1998, till 18.7.2003 were declared to be null and void.

2. Such of the facts which are necessary to be cited are stated thus:-

The Petitioner is the Original Plaintiff who had filed Regular Civil Suit no. 337 of 1994, seeking vacant and peaceful possession of shop bearing no.2 in City Survey no. 1307 situated at lane no.4 Dhule and also for injunction against the Defendants from creating any third party interest in the Suit property. The Petitioner also claimed mesne profits and in the alternative damages. The suit was valued for jurisdiction at Rs.2,400/-. In the said Suit an order of temporary injunction came to be passed on 31.8.1994 against the Defendants i.e. the developers and the trustees of the Trust which owned the property in question. The